Année : 2024

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The recent ruling by the United States Court of Appeals for the Second Circuit in the case of Hachette Book Group, Inc. v Internet Archive (the IA Case) has raised significant issues regarding copyright, fair use, and access to information.
The Internet Archive (IA), a non-profit organisation, digitises print books and provides them for free through its Free Digital Library. In 2020, four major book publishers sued IA, alleging copyright infringement of their books. The court ruled that IA’s use of the books is not fair use and harmed the market for the publishers’ e-books and print books, outweighing the short-term public benefits of IA’s Free Digital Library. This decision was further upheld by the appellate court on September 4 2024.
This article explores:
The implications of the IA Case on India’s digital copyright landscape;
Key legal principles such as the first sale doctrine and transformative works;
How this case could influence copyright policies and practices in India;
The potential impact on digital libraries, e-book licensing fees, and government initiatives; and
The challenges and opportunities that lie ahead.
The first sale doctrine allows the owner of a legally purchased copy of a work to resell, lend, or distribute that copy without further permission from the copyright holder. This doctrine is crucial for libraries, as it enables them to lend books and other materials to the public. The first sale doctrine ensures that once a copyright holder sells a copy of their work, they no longer have control over the distribution of that copy. This principle supports the free flow of information and access to knowledge.
While the first sale doctrine applies straightforwardly to physical copies of works, its application to digital works is more complex. Digital works are copied in nearly every computing or networking transaction, raising questions about the extent to which the doctrine can be applied.
In the IA Case, the US court held that libraries making a small number of copies for preservation and replacement purposes does not mean that the IA can distribute these copies en masse, while asserting it is simply performing the traditional functions of a library. This ruling highlights the challenges of applying the first sale doctrine to digital works.
The court in IA’s case rejected its justification towards its use being transformative because it makes lending more convenient and efficient, and uses technology to deliver the work only to one person borrowing the book at a time. Rather, the court ruled that scanning complete books for free without altering its content or meaning (whether on a one-to-one, owned-to-loaned basis or not) is derivative in nature as they serve the exact purpose as the originals; i.e., making the books available digitally, encroaching on publishers’ rights.
In India, the first sale doctrine flows from Section 14(a)(ii) of the Copyright Act, 1957, which grants exclusive rights to copyright owners to “issue copies of the work to the public not being copies already in circulation”. However, challenges arise when applying this principle in the digital realm. Since India does not have established legal precedents on digital exhaustion for e-lending, the phrase “copies already in circulation” needs broader interpretation. Furthermore, digital works are copied in nearly every computing or networking transaction, requiring a balance between the rights of copyright owners and libraries in digital redistribution.
Section 52(1)(n) of the Copyright Act, 1957 permits non-commercial public libraries to reproduce works for preservation if the library already possesses their physical copies. However, it does not clarify the reasonability of distribution/communication of such copies.
The transformative fair use defence is not explicitly available under the Indian copyright law. However, Indian courts have occasionally touched upon transformative uses in their interpretations of fair dealing, particularly in the context of education and research. For instance, in Syndicate of The Press of the University of Cambridge v B.D. Bhandari and Anr. (2009), the court recognised use of a work for the purposes of making a guidebook as transformative and substantially different from the purpose for which the original work was made and constituted fair use.
This case has gained significant attention, which could influence copyright policies and practices worldwide, including in India.
The legal challenges – the IA Case is similar to the ongoing suit titled Elsevier Ltd. & Ors v Alexandra Elbakyan & Ors (2020), filed before the High Court of Delhi against the platforms Sci-Hub and Library Genesis (LibGen) for providing free public access to academic papers, journals, and books. The IA appeal order may have a bearing on this lawsuit as the court addresses the conflict between copyright protections for publishers and the right to access scientific knowledge.
Limited access – stricter implementation could lead to limited access to digital books and educational resources in India, especially in educational institutions and among underprivileged communities. Indian libraries and institutions using digitised versions of books might face stricter copyright enforcement.
E-book licensing fees – this may impose a burden on libraries and reduce access to creative work.
Fair use interpretation – Section 52(1) of the Copyright Act, 1957 allows some forms of reproduction of work used for educational, non-commercial purposes. In the DU Photocopy judgment (2016), the court ruled that photocopying portions of books for educational purposes falls under fair use for educational purposes. It is imperative that a balance between copyright protection and public access to knowledge is maintained. The US ruling may have a bearing on how Indian courts interpret fair dealing in the digital realm, potentially narrowing the definition and making it challenging for institutions to digitise and lend books.
Government initiatives compliance – the government-initiated National Digital Library of India provides free access to digital content for learners and researchers. Furthermore, India’s ‘One Nation, One Subscription’ initiative aims to provide affordable or free access to academic and research resources by negotiating nationwide licences with academic publishers to improve India’s scientific output, research capabilities, and educational equity. The government may need to ensure that its initiatives comply with international copyright laws while promoting access to educational resources.
Fair use for public libraries – Section 52(1)(o) of the Copyright Act, 1957 offers a narrow exception for public libraries to reproduce up to three copies of works unavailable for sale in India, for non-commercial library use. This provision enables libraries to maintain access to important materials for public benefit but does not allow for large-scale digitisation or distribution. In India, where many important works are out of print and difficult to find, the US ruling impacts access to such works. India may need to reassess how it handles works that are not in active circulation but are still under copyright protection.
Digitisation efforts – Indian digital libraries may need to remodel their digitisation efforts by adding new value to original works in the form of annotations, analyses, or significant reorganisation of materials, to constitute transformative works.
AI and copyright – the rise of AI and its use of copyrighted materials for its training may reshape the publishing landscape, requiring closer collaboration between publishers and digital platforms. In India, legal clarity is needed regarding the use of digitised content for AI training. The ruling against the IA could influence Indian courts to adopt a more restrictive approach on whether AI developers can use digitised content for machine learning without permission.
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West Contra Costa Unified School District Board of Education Trustee Leslie Reckler was elected president on December 18, following a contentious censure and a complaint to the Fair Political Practices Commission earlier this year.
Reckler assumes leadership at a critical time for the district, which faces mounting challenges in fiscal solvency, staffing, and academic performance.
“I am honored to lead the board this year,” Reckler said. “This is an extremely challenging time in our district, and we have a lot to do. There are very tough decisions ahead of us. I look forward to working collaboratively and intentionally to advance both student and district success.”
During the meeting, Reckler said that the recent election was about change and that the board was starting “fresh and new” with new members. 
“I have not had a chance at leadership,” Reckler said. “The other two returning members and seated members of the board have served all four years as either clerk or president, and it is time for a change on the board.”
Guadalupe Enllana, the new representative for Area 2, was installed as Clerk of the Board at the meeting. Enllana defeated incumbent Otheree Christian, who was seeking a second term.
Cinthia Hernandez, who ran unopposed, assumed the Area 3 seat previously held by Mister Phillips. 
Reckler described the new board members who voted for her as president of the board as “passionate moms and seasoned advocates” who work selflessly for community betterment.
“I am excited for their fresh perspectives, their visions, and goals for the school district,” Reckler said.
Despite her focus on unity and collaboration, Reckler’s presidency has been met with criticism from some colleagues. Trustee Demetrio Gonzalez-Hoy, representing Area 4, expressed frustration over the board’s decision not to select him as president.
“Our bylaws say that the clerk of the board is supposed to become president next. The majority of the board voted for Trustee Reckler to become our next President instead of me,” Gonzalez-Hoy wrote on social media. “I have a lot of reservations, concerns, and worries about this decision and what it means for our anti-racist agenda, which our previous president focused on, and that we continue to violate our own procedures.”
At the meeting, Jamela Smith-Folds said that while the bylaws state that the board clerk will generally replace the outgoing president based on the advice of the legal counsel, the current board retains the dedication to elect any board member to be president.
Smith-Folds ran unopposed to retain her Area 1 seat and nominated Gonzalez-Hoy for president, but Gonzalez-Hoy received votes only from Smith-Folds and himself.
The leadership shift comes less than a year after Reckler’s censure and subsequent exoneration by the Fair Political Practices Commission (FPPC). While some viewed the censure as a necessary accountability measure, others, including Reckler, criticized it as a distraction from the district’s more pressing challenges.
The previous West Contra Costa Unified School District Board voted to censure Reckler on January 10, 2024, for actions related to a fundraising application. The censure vote has added to ongoing tensions on the board.
As the new board navigates these challenges, Reckler emphasized that selecting a new superintendent remains the board’s most pressing objective.
In September, Superintendent Kenneth C. Hurst announced he was stepping down to focus on family responsibilities.
Reckler said the superintendent and board will work together to determine their priorities, likely focusing on fiscal solvency, improving attendance and enrollment, academic performance, staff retention, and community relationships. “I imagine these areas will be at the top,” she said.
The West Contra Costa School Board now faces the dual challenge of stabilizing district leadership and addressing long-standing issues in academic achievement, financial management, and community trust.
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On 23rd Street, El Mexicano Deli y Taqueria delivers a heavyweight contender: the Super Carnitas Burrito. This neighborhood spot caters to hearty appetites with a burrito so packed with pork, rice, and beans that it’s a struggle to conquer. In the middle of the day, the cars whizzing by
The Richmond Planning Commission has rejected a proposal to convert an office building into an emergency shelter, citing safety, parking, and community compatibility concerns. The unanimous decision at Thursday's meeting marked the culmination of months of heated debate over the project's impact on the surrounding neighborhood.
Brickyard Landing Owners Association will offer historic Richmond-made bricks to Richmond non-profits and civic organizations at an event slated for January. The bricks are what's left of the historic chimney and kiln, which were once part of the Richmond Pressed Brick Company, which had to be demolished for
A man was injured Wednesday night on Chanslor Avenue after being reportedly struck in the head with a rifle during an attempted robbery, police said. According to Richmond Police Department Public Information Officer Lynnelle Sanchez, officers responded to two ShotSpotter activations around 8:58 p.m.: one near Espee Avenue
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MLB star pitcher Blake Snell has been in a relationship with his girlfriend, Haeley Mar, for the past two years. The couple also welcomed a son in May.
Haeley Mar has been a big supporter of Blake’s baseball career, often seen cheering him on during games and attending events alongside him. Now, Snell and Mar have decided to take their relationship to the next level.
The couple recently got engaged in a private ceremony attended by close friends and family. On Saturday, Haeley shared pictures from the event on her Instagram account, captioning them:

In the images, Snell is seen on one knee, sharing a heartfelt moment with his fiancee as he places a stunning ring on her finger. The couple can also be seen hugging and smiling while posing for photos.
Guests attending the event raised their wine glasses in a toast to the couple, celebrating their engagement. The evening continued with a dinner.
Many individuals congratulated Snell and his fiancee Haeley Mar in the comments section of the post, including the wives of several MLB stars. New York Yankees pitcher Carlos Rodon’s wife, Ashley, wrote:
Blake Snell’s former teammate, Houston Astros pitcher Josh Hader, and his wife, Maria Hader, also congratulated the couple, with Maria writing:
Blake Snell and Haeley Mar were also congratulated by the MLB star’s new team, the Los Angeles Dodgers. The Dodgers commented under Mar’s post:
On November 30, Snell signed a five-year, $182 million contract with the Los Angeles Dodgers. Snell was coming off opting out of his contract with the San Francisco Giants. In March, he had signed a two-year, $62 million deal with the Giants.
The two-time Cy Young Award winner finished his 2024 season with a 5-3 record, a 3.12 ERA, 145 strikeouts and a 1.048 WHIP in 20 starts.
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The celebrities driving traditional Chinese medicine’s boom in the West  South China Morning Post
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By Jongho, Jang
Dec 29, 2024

The Korean Pharmaceutical Association (Chairman Lim Chae-yoon) announced that it received a notice of progress from the Ministry of Health and Welfare for those who did not report their herbal medicine license.

This prior notice of administrative disposition is in accordance with the ‘Korean Pharmaceutical and Pharmaceutical License Reporting System’, which took effect on April 8, 2021, and in the case of pharmacists, administrative disposition was carried out in 2023.

After receiving a ‘prior notice’ from the Ministry of Health and Welfare, herbalists must file a license declaration by March 2025, otherwise they will be subject to administrative disposition that suspends the effectiveness of the herbalist’s license. If the license is suspended, you cannot work as an herbalist.

If a license declaration is carried out by March 2025, herbalists who have been served with prior notice because they are not subject to administrative disposition must carefully read and look into the license declaration method enclosed in the notice.

The subject of this administrative disposition is those who have obtained licenses by April 7, 2021, and have never reported them by December 5, 2024. Those whose license acquisition date is April 8, 2021 or later are not subject to this administrative disposition.

The herbal medicine society plans to focus on responding to member inquiries, believing that most of them have not reported by mistake by confusing ‘membership personal reports’ with ‘license reports’ under the Pharmaceutical Affairs Act.

If you have not completed training education from 2020 to last year, you must receive separate supplementary education. Conversely, if you meet the exemption requirements for training education, you must receive a separate exemption treatment.

If you report it by March 2025, you will not be subject to administrative disposition, so read the enclosed guide carefully and proceed with the license declaration. Related inquiries can be made through the representative counseling phone for the herbal medicine license report listed in the prior notice.

bellho@sportschosun.com
© 2000-2024 Copyright sportschosun.com All rights reserved.

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Artificial intelligence (AI) is rapidly transforming healthcare, offering both tremendous opportunities and significant risks. AI-powered tools are revolutionizing the way medical professionals diagnose, treat, and manage diseases, but their adoption also comes with ethical, practical, and technical challenges. Dr Tushar Tayal, Consultant, Internal Medicine, CK Birla Hospital, Gurugram shares on the growing role of AI in healthcare.

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Jupiter announces $580M JUP token airdrop to reward active platform users.
700 million JUP tokens to benefit 2.3 million eligible wallets, including traders.
Jupiter plans to distribute 4.25 billion JUP tokens throughout 2025.
Jupiter, the largest decentralized exchange aggregator on the Solana blockchain, is making headlines with an exciting new announcement. In January 2025, the platform will launch an extraordinary airdrop, distributing a massive 700 million JUP tokens, worth around $580 million.
But what makes this airdrop truly special? It’s not just the size, but the ambition behind it—JUPuary aims to grow Jupiter’s ecosystem and reward its loyal users in a way that could change DeFi forever.
Here’s what’s in store.
Out of the total 700 million tokens, 425 million JUP will go to active users on the platform, making this one of the largest airdrops in the crypto space.
Jupuary 2025 🪐

Here is the first Overview of the upcoming Jupuary distribution.

Team decided to go with a split between Users & Stakers and Carrots & Good Cats.

This way we are trying to appreciate everyone in the Jupiverse!

Note: This is a Draft, Subject to change 💡 pic.twitter.com/mbGNy3QxSe
Jupiter has identified 2.3 million wallets eligible for this event, divided into two main groups. The first group consists of 2 million users who have actively swapped tokens on Jupiter’s platform.
The second group includes 320,000 professional traders known for executing large trades. These numbers demonstrate the scale of the airdrop and show Jupiter’s commitment to rewarding its broad user base.
In addition to the airdrop, Jupiter is promoting long-term growth by rewarding staking investors. The platform has set aside 75 million JUP tokens specifically for those who stake their tokens.
To make staking more attractive, Jupiter has introduced a reward structure where users earn 0.1 JUP for every 1 JUP token they stake. This initiative not only encourages users to stake but also helps build a strong staking community, contributing to the platform’s long-term sustainability.
Jupiter’s vision for 2025 is even more ambitious. The platform plans to distribute an incredible 4.25 billion JUP tokens throughout the year. Of this total, 4.175 billion tokens will be allocated directly to users and the community, while the remaining 75 million tokens will continue to reward staking investors.
Since the announcement, JUP’s price has been rising, currently trading at $0.857, up by 2.6% in just one day.
Jupiter’s airdrop and staking rewards strategy not only strengthen its position in the decentralized finance (DeFi) space but also set the stage for a strong 2025.
Stay ahead with breaking news, expert analysis, and real-time updates on the latest trends in Bitcoin, altcoins, DeFi, NFTs, and more.
Yes, with ambitious 2025 plans, including large-scale airdrops, staking rewards, and ecosystem growth, JUP shows strong long-term potential.
Trade actively on Jupiter’s platform or meet eligibility criteria for swaps or professional trading to qualify for the January 2025 airdrop.
Yes, if you are planning for the long-term DEX token, Jupiter looks promising.

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MONTPELIER, Vt. (WCAX) – An effort to smooth out the sometimes thorny relationship between renters and landlords falls short.
Vermont is facing a historically low rental vacancy rate.
A key study committee met six times this fall to examine the relationship between renters and property owners.
And to see if changes should be made – including just cause rental protections to aid with the housing crisis.
But in a preliminary report, the group was not able to come to consensus, or issue recommendations to the full General Assembly.
“We had to start by laying the groundwork for what is the issue and what are the possible solutions and we simply ran out of time to do the debate and have the conversation around what would we like to put forward,” Sen. Tanya Vyhovsky of Chittenden County said.
She adds she is still planning on introducing several bills aimed at protecting tenants and renters when the legislature kicks off in less than two weeks.
Copyright 2024 WCAX. All rights reserved.

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We've all seen the movie.
The dodgy witness is getting away with it until the wily lawyer mauls their evidence in the witness box, thanks to long nights preparing for just that moment.
There are tears of joy and a judge banging a gavel (only in American courts, mind). The post-script tells us that the case made the world a better place.
Not so fast.
Every day there are legal battles that the little man or woman loses. And very often they lose because they can't cannot afford to fight their corner against a wealthier opponent.
This is where artificial intelligence, the most talked-about subject of the last two years, could transform justice and fairness in society.
The legal world is agog with excitement about what AI is doing to the law.
Systems are being devised to not only carry out basic work, like contract-writing, but also to analyse thousands of pages of evidence in the most complex of cases.
And this revolution isn't just happening in the skyscrapers of global law firms, but quietly in places like the Westway Trust's Cost of Living Crisis Clinic in London.
This advice clinic in London helps clients in one of the poorest neighbourhoods in England deal with a raft of complicated disputes – from benefits appeals to disputes with landlords.
One client tells the BBC how she has been made homeless because the landlord cancelled her tenancy.
"I'm a professional person – and I am not used to finding myself in this kind of situation," she says.
"It's distressing, destabilising and being homeless, also at my age, is quite difficult."
There is legal aid for the absolute poorest in society – but it is means-tested and extremely limited. Many people give up on their fight against something they instinctively know has been an injustice.
So what's this got to do with artificial intelligence? Going to court can be cripplingly expensive. The aim of anyone sensible is to get a resolution long before that point. And that requires expert advice.
Adam Samji is a paralegal adviser at the Westway. He helps to prepare a case by researching whether a client has a point worth fighting against, say, a rogue landlord or government rejection of a benefits application.
An eligibility assessment for benefits can run to 60 pages. Each individual case can take hours of careful analysis of personal circumstances.
The Westway is now using AI tools to cut through these kinds of documents to the key facts and legal issues that could make or break a case.
"We spend a couple of minutes going through [the documents] and redacting the client's personal information," says Mr Samji.
"We upload it on to an AI model and that will give us all that information. It'll usually shoot it back in about 10 to 15 minutes.
"It will save us hours of having to do it ourselves. We can efficiently use our time, as their paralegal volunteers, to better serve our clients."
This is a revolution. AI is beginning to fill what many regard as a fairness gap in the justice system.
Sir Geoffrey Vos, the Master of the Rolls, is the head of civil justice in England and Wales. He leads the judiciary's thinking on how far AI could go and has written the UK's first guidance on how it should be used in court.
"When people have claims, which they can't resolve, it creates a huge economic loss to our society," says Sir Geoffrey.
"They worry about the claim. They're not as productive in their jobs. We in the justice system really do want to find ways in which we can resolve people's problems more quickly, and at lower cost.
"Artificial intelligence in time will be one of those tools."
So how far could this AI revolution go?
Stephen Dowling is a barrister who also runs Trialview, one of many companies competing for a slice of the legal AI market that is predicted by the global research group Gartner to explode in the next two years.
His tool aims in real time to analyse a transcript of what witnesses are saying in court and compare that with other evidence in the case. If it spots something it thinks is inconsistent or wrong, the tool flags it. That traditionally is the job of the barrister.
But for every lead barrister in court, particularly in complex hearings, such as commercial fraud, there can be a vast supporting team in the wings.
"The technologies we're looking at will enable one lawyer, two lawyers to do the job of 10 or 20," predicts Mr Dowling.
"It's going to massively change access to justice and massively reduce down legal costs.
"People need, ultimately, human judges to hear what they're saying and to emotionally connect to what's involved. But all that can be assisted and augmented by the use of artificial intelligence."
And it's that human factor that the legal world is now wrestling with because the potential downsides are obvious.
In 2023 a New York court fined lawyers who submitted bogus arguments that had been derived from questions they had put into ChatGPT.
The EU has recently introduced rules to try to ensure that AI is accurate and therefore that means its output needs to be checked by real people. That's a practical risk that the Westway Trust's team is well aware of.
"At the moment, about one in 30 occasions it's not accurate," says John Mahoney, a lawyer at the organisation.
"So we're having to check all of the work that we produce through AI that relates to giving legal opinions."
Has that human check been written into Sir Geoffrey's rules?
"Ultimately, the rule of law requires that individuals have access to an independent judge to decide their case," says the top judge.
"If you're using a technological tool, the parties must know that's happening.
"Judges are being assisted by technological tools. We have been for years. You obviously are talking about Robo-judges. But I think we're a long way from that."
His guidance underlines that not only must lawyers remain responsible for the evidence they put before a court, but judges must be also on guard against biased results from AI tools trained on partial data.
When we fired legal questions at ChatGPT to see how it would respond, it gave some pretty simple advice relating to both getting out of a contract and resolving a legal row with an ex partner over ownership of kitchen pans.
It declined to advise our fictional bank robber how he could beat the charge:
Fun while that may have been, Sir Geoffrey warns against the public seeking advice from generic AI tools which have not been trained on professional legal databases.
"It won't distinguish between English law, Australian law, Singapore law and probably US law," he warns.
But he adds: "I'm very confident that technology will not stand still.
"The rule of law depends on being able to provide outcomes from an independent judiciary. And it's very difficult for the small number of judges to do that in this country when you've got 60 million people without using technological tools to good effect."
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Hindu, Muslim religious leaders in Bengal call for end to atrocities in Bangladesh  Deccan Herald
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